(A)
Each referral, assessment/investigation
and provision of services
related to reports of child
abuse,
neglect, dependency, or family in need of services
(FINS) is confidential. Information contained in
the statewide automated child welfare information system (SACWIS) is
confidential pursuant to section
5101.131 of the Revised Code.
This information may be shared
only when dissemination is authorized by this rule.

(B)
If any
information is disseminated, the public children services agency (PCSA) shall
notify the receiver of the information that all of the following apply:

(1)
The information
is confidential and is not subject to disclosure pursuant to section
149.43 or
1347.08 of the Revised Code by
the agency to whom the information was disclosed.

(2)
Unauthorized
dissemination of the contents of the information is in violation of section
2151.421 of the Revised
Code.

(3)
Anyone who permits or encourages unauthorized
dissemination of the contents of the information violates section
2151.99 of the Revised Code and
such a violation is a misdemeanor of the fourth degree.

(C)
The
PCSA shall document in SACWIS that the dissemination of information occurred.
Documentation shall include a summary of all of the following:

(5)
If required,
written authorization to disseminate information pursuant to paragraphs (H) and
(R) of this rule.

(D)
When any person
commits, causes, permits, or encourages unauthorized dissemination of
information, the PCSA shall give written notification of such unauthorized
dissemination to the county prosecutor or city director of law and the Ohio
department of job and family services (ODJFS). A copy of the written
notification shall be maintained in the case record.

(E)
The PCSA shall
not release the identities of the referent/reporter, and any person providing
information during the course of an assessment/investigation shall remain
confidential. The identities of these individuals shall not be released or
affirmed by the PCSA to any party without the written consent of the
individual(s) involved, except to those individuals outlined in paragraph (F)
of this rule.

(F)
The PCSA shall release child welfare information to
the following persons or entities:

(2)
Law enforcement
officials who are investigating a report of child abuse or neglect or that a
person violated section
2921.14 of the Revised Code by
knowingly making or causing another person to make a false
report.

(3)
The county prosecutor who is investigating a report of
child abuse or neglect or that a person violated section
2921.14 of the Revised Code by
knowingly making or causing another person to make a false
report.

(4)
Any PCSA or children services agency (CSA)
assessing/investigating a child abuse or neglect report involving a principal
of the case.

(5)
The court, for the purpose of the issuance of a
subpoena to the referent/reporter.

(G)
The PCSA shall
promptly disseminate all information determined to be relevant, except as
specified in paragraph (E) of this rule, to any federal, state, or local
governmental entity, or any agent of such entity, with a need for such
information in order to carry out its responsibilities under law to protect
children from abuse and neglect including but not limited to:

(1)
Law enforcement
officials, as set forth in the child abuse and neglect memorandum of
understanding, to investigate a PCSA report of child abuse or neglect, a report
of a missing child, or a report that a person has violated section
2921.14 of the Revised Code, by
knowingly making or causing another person to make a false report of child
abuse or neglect.

(2)
The county prosecutor, to provide legal advice or
initiate legal action on behalf of an alleged child victim; and to prosecute
any person who has violated section
2921.14 of the Revised Code, by
knowingly making or causing another person to make a false report of child
abuse or neglect.

(4)
Any PCSA or CSA as defined in rule
5101:2-1-01 of the
Administrative Code, which is currently assessing/investigating a report of
child abuse or neglect involving a principal of the case or providing services
to a principal of the case. In an emergency situation, the requested
information may be released by telephone to a verified representative of a CSA.
The PCSA releasing information will verify the identity, job title and
authority/job duties of the CSA representative prior to releasing any
information. All of the following information shall be released:

(a)
The name and
role of each principal of the case registered in any prior
report.

(b)
The date, allegation and disposition of each report or
allegation.

(c)
The name and telephone number of the county PCSA that
conducted an assessment/investigation or provided services for each
report.

(5)
A coroner, to assist in the evaluation of a child's
death due to alleged child abuse and/or neglect.

(6)
Child abuse and
neglect multidisciplinary team members, for consultation regarding
investigative findings or the development and monitoring of a case
plan.

(7)
Public service providers working with a parent,
guardian, custodian or caretaker or children of the family about whom the
information is being provided, including but not limited to:

(a)
Probation
officers and caseworkers employed by the court, adult parole authority,
rehabilitation and corrections, or the department of youth
services.

(b)
Employees of the local county boards of developmental
disabilities and employees of the local county boards of alcohol drug addiction
and mental health.

(8)
A school
administrator or designee when a PCSA intends to place a child in a foster home
in a county other than the county in which the child resided at the time the
child was removed from his home.

(9)
The licensing
and supervising authorities of a public or non-public out-of-home care setting
in which child abuse or neglect is alleged to have occurred.

(10)
The approving
authority of a kinship care setting in which child abuse or neglect is alleged
to have occurred.

(11)
Administrators of public out-of-home care settings in
which child abuse or neglect is alleged to have occurred including but not
limited to:

(13)
A child fatality review board recognized by the Ohio
department of health, upon request except when a county prosecutor intends to
prosecute or a judge prohibits release according to procedures contained in
sections 5153.171 ,
5153.172 and
5153.173 of the Revised
Code.

(15)
A children's
advocacy center, as set forth in the PCSA child abuse and neglect memorandum of
understanding, to comply with the protocols and procedures for receiving
referrals and conducting investigations, to coordinate activities, and to
provide services for reports alleging sexual abuse or other types of
abuse.

(16)
A CDJFS, for child care licensure pursuant to section
5153.175 of the Revised Code and
for joint planning and sharing of information pursuant to rule
5101:2-33-28 of the
Administrative Code.

(H)
Except as
specified in paragraph (E) of this rule or if disclosure would jeopardize a
criminal investigation or proceeding, the PCSA shall promptly disseminate all
information it determines to be relevant to an individual or agency, with
written authorization from the PCSA director, when it is believed to be in the
best interest of any of the following:

(1)
An alleged child
victim, a child subject of the report, the family, or the
caretaker.

(2)
Any child residing within, or participating in an
activity conducted by an out-of-home care setting when necessary to protect
children in that setting.

(I)
Upon
receiving a request for disclosure to the public regarding the findings or
information about a case of child abuse or neglect which has resulted in either
a child fatality or a near fatality that, as certified by a physician, placed
the child in serious or critical condition, the PCSA shall prohibit disclosure
of such information if it is determined by the PCSA that any of the following
would occur:

(3)
Information describing and the findings of any
previous reports of child abuse or neglect assessment/investigations that are
pertinent to the child abuse or neglect that led to the fatality or near
fatality.

(4)
Any services provided by the PCSA on behalf of the
child that are pertinent to the child abuse or neglect that led to the fatality
or near fatality.

(5)
Any actions, including but not limited to court
filings, removals or implementation of safety plans on behalf of the child that
are pertinent to the child abuse or neglect that led to the fatality or near
fatality.

(K)
Upon request, the PCSA shall promptly disseminate to a
mandated reporter, who makes a report of child abuse or neglect, information
pursuant to section 2151.421 of the Revised
Code.

(3)
Whether the PCSA
is otherwise involved with the child who is the subject of the
report.

(4)
The general status of the health and safety of the
child who is the subject of the report.

(5)
Whether the
report has resulted in the filing of a complaint in juvenile court or of
criminal charges in another court.

(L)
The PCSA shall
promptly disseminate all information it determines to be relevant to the
principals of the case, in accordance with Chapter 5101:2-36 of the
Administrative Code, to inform them of the following:

(2)
All report dispositions resulting from the
assessment/investigation.

(3)
All case decisions resulting from the alternative
response assessment.

(M)
The PCSA shall
promptly disseminate all information determined to be relevant, except as
specified in paragraph (E) of this rule, to all of the following persons or
entities:

(1)
The non-custodial parent of the alleged child victim or child subject of the
report, and children being provided services by the PCSA when the PCSA believes
such sharing would be in the best interest of the child.

(2)
A physician, for
the diagnostic assessment of a child where there is reason to believe the child
may be a victim of abuse or neglect.

(3)
A private
service provider, for diagnostic evaluations of and service provision to the
alleged child victim or child subject of the report and his
family.

(4)
The administrator of a non-public out-of-home care
setting in which child abuse or neglect is alleged to have
occurred.

(5)
A foster, relative and non-relative caregiver, as
required by rule
5101:2-42-90 of the
Administrative Code.

(6)
The superintendent of public instruction, pursuant to
section 5153.176 of the Revised Code,
when the report involves a person who holds a license issued by the state board
of education where the agency has determined that child abuse or neglect
occurred and that abuse or neglect is related to the person's duties and
responsibilities under the license.

(N)
The PCSA shall
utilize information outlined in paragraph (O) of this rule obtained from the
alleged perpetrator search within SACWIS for the purpose of a background check
for any of the following:

(2)
An adoption
homestudy, pursuant to Chapter 5101:2-48 of the Administrative
Code.

(3)
A relative or non-relative caregiver approval for
placement, pursuant to rule
5101:2-42-18 of the
Administrative Code.

(O)
The PCSA shall
consider reports that meet the following criteria when the information is being
used for a background check in accordance with paragraphs (N) and (G) (16) of
this rule:

(1)
Substantiated reports where the subject of the search was the alleged
perpetrator.

(2)
Indicated reports where the subject of the search was
the alleged perpetrator.

(P)
If releasing
information pursuant to paragraphs (N) and (G) (16) of this rule, the PCSA
shall not release any information pertaining to an unsubstantiated report or an
alternative response report.

(Q)
The PCSA shall
refer any individual who inquires whether his or her name has been placed or
remains within SACWIS as the subject of a report of alleged child abuse and/or
neglect to ODJFS. An individual may submit a written request to ODJFS. The
written request must contain the original signature of the individual who is
the subject of the inquiry and the following:

(1)
The individual's
full name, including maiden and any other names utilized; address; date of
birth and social security number.

(2)
A copy of two of
the following forms of identification, with at least one containing the
individual's social security number:

(3)
In lieu of the
two copies of the forms of identification required in paragraph (Q)(2) of this
rule, an individual may submit a notarized request containing the individual's
name, address, date of birth and social security number.

(R)
At
his or her sole discretion, a PCSA director may disseminate information to a
researcher in the area of child welfare, if the information is determined to be
relevant to the researcher, and the results of the research will be beneficial
to the county PCSA in administering child welfare programs/services.
Authorization of the dissemation shall be documented. No direct access to
SACWIS or any other state of Ohio database shall be requested by or on behalf
of, nor approved for or granted to, any researcher pursuant to rule
5101:2-33-70 of the
Administrative Code. The PCSA shall disclose only the minimum information
needed by the researcher to perform the study, and, prior to disseminating
information to any researcher, the PCSA shall require the researcher to sign an
agreement which addresses all of the following:

(1)
The researcher
shall not disseminate confidential information containing names or data by
which any individual or out-of-home care setting could be identified or
deductively inferred.

(2)
The PCSA shall review the research prior to its
dissemination or publication to ensure that the research is void of names or
data by which any individual or out-of-home care setting could be identified or
deductively inferred.